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9510
ADMINISTRATIVE LAW JUDGE 1
Nature of Work
Under general supervision, at the full-performance level,
performs professional legal work conducting quasi-judicial
administrative hearings and writing formal decisions and
recommendations on less complex cases arising under regulatory
responsibility of the agency. Responsible for insuring that the
litigants are afforded substantive and procedural due process
through the proper scheduling of hearings, conducting hearings
based on rules of evidence, controlling the making of a record,
conducting necessary legal research, and rendering decisions based
on findings of fact and conclusions of law. Work is reviewed for
accuracy and compliance with legal standards and applicable laws
and regulations. Performs related work as required.
Distinguishing Characteristics
Positions in this class function as independent hearing
examiners at the full-performance level.
Examples of Work
Reviews case file including applications, petitions, exhibits,
motions, and other pleadings prior to the hearing; conducts
legal research on relevant issues.
Enters procedural orders setting matters for hearing, requiring
public notice of hearing, scheduling pre-hearing conference
allowing for discovery, requiring joinder of parties,
requiring filing of prepared testimony, briefs, recommended
findings of facts and conclusions of law, stipulations,
interrogations and depositions, issuing subpoenas,
administering oaths, and ruling upon pre-hearing motions and
objections.
Presides at pre-hearing conferences to simplify issues, amend
pleadings, distribute prepared testimony and exhibits, and to
determine the procedure to be followed at the hearing.
Conducts administrative hearings; determines evidentiary
questions such as admissibility, competency, relevancy, and
materiality administers oaths, examines witness, governs the
conduct of counsel, and controls the making of record.
Drafts formal decision based on findings of fact and conclusions
of law; conducts necessary legal research; cites findings of
fact and applicable law.
Confers with other units of the division to obtain expertise on
technical matters. Responds to inquiries from the public,
attorneys, courts, and the press, relating to hearings and
legal issues.
Knowledge, Skills and Abilities
Knowledge of the principles of West Virginia law regarding rules
of evidence, pleadings and due process.
Knowledge of legal research techniques.
Knowledge of the rules of conduct for formal legal proceedings
and hearings.
Ability to comprehend and apply statutes and judicial and
administrative decisions interpreting such laws and related
rules and regulations.
Ability to comprehend and apply the constitutional and
administrative law applicable to the agency and its
proceedings.
Ability to preside over formal hearings involving controversial
issues with fairness, authority, and a proper judicial
temperament.
Ability to effectively analyze complex testimony and regulatory
issues including substantial quantitative information of a
technical and financial nature.
Ability to prepare written opinions and decisions based on
findings of fact and conclusions of law.
Ability to communicate effectively, orally and in writing.
Ability to maintain effective working relationships with the
public, court officials, and attorneys.
Minimum Qualifications
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Training:
Admission to the West Virginia State Bar.
Experience:
Two years of full-time or equivalent part-time paid
experience as an attorney including trial experience or as an
examiner or administrative law judge with an administrative
body, or a judge of a court of record.
Established: 9/19/90
Revised: 11/21/91
Effective:
12/1/91